BY SAM ALFAN.
Twelve activists have moved to court seeking compel the electoral body and EACC to enquire whether Deputy President William Ruto’s running mate Rigathi Gachagua is fit to hold public office in the wake of graft charges.
The activists also wants the court to issue a mandatory injunction compelling the Independent Electoral and Boundaries Commission and the Ethics and Anti-Corruption Commission to inquire whether Gachagua meets the integrity questions to be cleared to contest the August 9 polls.
The activists including Meshack Suba, Jackson Mwalaczu, Amos Wafula, Sophie Dola, Julia Chege,James Maina, Simon Lokoma, Caroline Ayitso also wants the IEBC and EACC to file their report on findings in court ahead of the polls.
It is their wish that the Attorney General, the Inspector General of Police and the Director of Public Prosecutions should investigate whether the violation of Article 3(2) of the Constitution by the UDA party amounts to the offence of treason under Section 40 of the Penal Code.
“Upon prayers d) and (e) being granted, an order of mandatory injunction be issued to compel the Registrar of Political Parties to commence necessary proceedings to de-register the First Respondent as a political party,” they argue in the pleadings.
It is their argument that Gachagua was not vetted by the IEBC and EACC under Chapter Six and Article 99 of the Constitution to establish whether he is fit, suitable and possessed be the Deputy President of Kenya in the event that UDA’s presidential candidate Deputy President William Ruto is elected as president.
“In order to prevent the specter of the First Respondent (UDA) establishing a government that is not compliant with the Constitution after the General Election scheduled for 9th August, 2022 this Petition should be heard with all deliberate speed and this petition has been filed within a reasonable time after the IEBC Dispute Resolution Committee concluded its hearing and it became obvious that it was nothing but a conveyor belt to register all and sundry notwithstanding their integrity and moral warts and all,” adds the petitioners.
The activists claim that UDA has violated its obligations, rights and privileges as a political party by facilitating, aiding and abetting by nominating convicted, indicted criminals, suspects or those facing prosecution.
Other than Gachagua, the activists want the court to bar Johnson Sakaja, Samuel Arama, Mohamud Ali, Governor Muthomi Njuki, Dr Evans Kidero, Governor Ali Korane and MP Oscar Sudi as candidates to contest the various on August 9.
“A declaration be issued to declare that the nomination, registration and gazettement of the 2nd, 3rd, 4th, 5th, 6th, 7th, 11th, 12th, 13th and 15th Respondents as candidates in the 9th August, 2022 General Elections are null and void ab initio for being in violation of Article 99(1)(b) of the Constitution,” seeks the petitioners.
They also wants a declaration be issued to declare that UDA’s penchant for and reckless disposition to nominate political aspirants who are non-compliant with Chapter Six and Articles 99(1)(b) and 193(1)(b) of the Constitution constitutes a threat to Kenya’s constitutional order within the meaning of Article 3(2) and 4(1) of the Constitution.
In their court documents, they also seek a declaration be issued to declare that within the meaning of Articles 3(2) and 10 of the Constitution the violation of Chapter Six and Articles 91, 99(1)(b) and 193(1)(b) of the Constitution by the First Respondent amounts to an unlawful attempt to establish a government of Kenya in non-compliance with the Constitution.
They also wants a declaration be issued to declare that the Independent Electoral and Boundaries Commission undertook its constitutional functions under Articles 88(4)(e) in contravention of Articles 99(1)(b) and 193(1)(b) of the Constitution.
They also wants the court to declare that the Decisions and Resolutions of the IEBC up contained in its Media Release dated 4th June, 2022 titled Status Update on Aspirants Compliance with Chapter Six of the Constitution” regarding aspirants with cases under investigation, cases under prosecution, cases of convicted aspirants with pending appeals contravene Article 99(1)(b) of the Constitution.
Justice Thande directed the application to be served upon all parties within 24 hours for directions on August 5.